[bballchic18]

I'm 19 years old and was just fired from my job for shoplifting. I did leave the premises with the garments as well as making frod. Transactions. I confessed to everything, as I was caught on camera, and was fired. There were no police at the scene and there was no mention of them. I signed an agreement to pay back all that I took. The amount was under $1000.00 but I have no idea what's going to happen. Can anyone tell me if I'm going to be charged for sure? And if I am... what can I do. I need to make sure my parents don't find out. Some help me please.

[bballchic18]

If someone is charged for fraud under $5000.00 in Canada and it was their first offense... what are the possible penalties?

[JudyKayTee]

This should be combined with your other post for clarity. I note that this is employee theft which I do not believe qualifies for diversion. Some of the sentence will depend on how hard your employer "pushes" the charges, whether the employer wants to make you an example.

Here is the diversion program:

“Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney's office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Court appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown's Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”

I find this posted by a Canadian Attorney regarding (specifically) fraud: "However, not all charges of theft are treated so casually. For charges involving a breach of trust, theft from an employer, or for a person with a prior criminal record, the Crown may seek a jail terms and a criminal record." I find nothing specific about the possible jail term, other than one site says 60 days.

http://www.lawyers.ca/young/theft.asp